Long Service Leave (Portable Schemes) Act 2009

This section applies if the governing board fixes an amount (the varied amount) under section 60 (4) (b) in relation to a worker.

The varied amount is taken, for this Act, to be the worker’s total ordinary remuneration for work by the worker for the quarter.

The following provisions apply if the varied amount relates to a return under section 49 (Quarterly returns by employers) by an employer of a registered employee:

if the varied amount is more than the amount (the returned amount) shown in the return as the total ordinary remuneration of the employee, the employer must pay the authority the additional amount payable under section 51 (Determination of levy—employers) for the employee for the quarter;

if the varied amount is less than the returned amount, the authority must—

if asked by the employer to refund the overpayment of the levy payable under section 51—refund the overpayment; or

in any other case—credit the overpayment against future amounts payable under section 51 by the employer.

The following provisions apply if the varied amount relates to a return under section 54 (Quarterly returns by voluntary members) by a registered voluntary member:

if the varied amount is more than the amount (the returned amount) shown in the return as the total ordinary remuneration of the voluntary member, the voluntary member must pay the authority the additional amount payable under section 56 (Determination of levy—voluntary members) for the voluntary member for the quarter;

if the varied amount is less than the returned amount, the authority must—

if asked by the voluntary member to refund the overpayment of the levy payable under section 56—refund the overpayment; or

in any other case—credit the amount against future amounts payable under section 56 by the voluntary member.